QUARRY CONDITIONS OF SALE
1. A quotation is given subject to the condition that it shall remain open for acceptance for a period of thirty (30) days only from the date heron and that any acceptance thereof within such period shall not bind Kennedy Haulage Pty Ltd or L.V. Blue Metal Pty Ltd (hereinafter called ‘the Company’) unless written acknowledgment of such acceptance is given by the Company within three (3) days of receipt by the Company of such acceptance.
2. The delivery of quarry products and premixed materials incorporating quarry products is by the shortest access route available at the time of the quotation. In the event of access roads being closed and prohibiting delivery by the shortest route, the Company reserves the right to charge for any additional cost or expense incurred by it in completing such delivery.
- Prices quoted are “net” and where credit facilities are provided by Kennedy Haulage or L.V. Blue Metal, payments shall unless agreed in writing be made within thirty (30) days from the date of the delivery.
- No guarantee of availability of material is made prior to confirmation or order.
3. Unless specifically agreed in writing, delivery of goods shall be at the kerb alignment and the Company shall not be bound to deliver on site and any entry thereon shall be at the sole discretion of the Company, its servants, agents and contractors. In the event of any such entry, the Company, its servants, agents and contractors shall not be liable in any way or manner whatsoever for any loss or damage or injury caused to or sustained by any person or persons and arising out of and in any way connected with such entry and the Company, its servants, agents and contractors shall at all times be indemnified and kept indemnified thereof.
4. The Company shall not be liable in any way or manner whatsoever for any damage howsoever arising to any wall, kerbing, guttering, road, footpath, concrete work, building structure, paving, fitting or other property situated in or on or adjacent to the place of any delivery by or on behalf of the Company or situated on or adjacent to the site of any works being carried out by the Company under any contract constituted pursuant to this quotation.
5. When any work or services performed by the Company involve in any way or manner whatsoever works not performed by the Company then the Company shall not in any way be liable in any way or manner whatsoever for any deficiency or default in any such work or services performed by the Company and relating in any way or manner whatsoever to any deficiency in any such works not performed by the Company. However, the Company shall, without limiting in any way the generality of the foregoing, be entitled, prior to commencement of or at any time during the performance of any such work or services, to require a certificate from some responsible person or authority that any such work or services, not performed by the Company, in accordance with the specification. Notwithstanding anything contained in this clause the Company shall be entitled, should it consider that there is any default or deficiency in any such works not performed by it or that the same are not in accordance with the specification, to suspend any work or the performance of any services until any default or deficiency is rectified to the Company’s satisfaction or the same made good in accordance with the specification and without the Company being liable in any way or manner whatsoever by reason of such suspension.
6. In the event of any default (and notwithstanding waiver by the Company of any previous default) in payment of any sum payable under any contract constituted pursuant to this quotation or should the party so in default make default in any sum payable under any other contract with the Company or commit any act of Bankruptcy or is declared Bankrupt or make any composition with creditors or if being a corporation any order is made or any resolution passed for the winding up of such corporation or the appointment of a receiver or receivers and manager or for the placing of any such corporation under official management or for any investigation into its affairs then: the Company may for such period as it may think fit suspend performance under any contract constituted as foresaid or may terminate any such contract or may both suspend performance as aforesaid and then terminate and shall not be liable in any way or manner whatsoever in respect of suspension or termination. The Company shall be entitled in the event of suspension or termination to forthwith receive all monies due to it under any such contract as aforesaid for goods delivered or work and service performed up to the date of such suspension or termination.
7. Any claim relating to any alleged deficiency in quality of goods delivered by the Company must be endorsed at the time of delivery on the Company’s copy of the delivery docket relating to such delivery and unless so endorsed the Company will not be liable in respect of any such alleged deficiency. Any claim relating to the quality of any goods so delivered must be in writing and lodged with the Company within five (5) days of any such delivery and if not so lodged the Company will not be liable in respect thereof. Not withstanding any such claim or claims as aforesaid all monies due in respect of the goods stated by the Company to have been supplied shall be paid immediately the same are due for payment.
8. The Company shall not be liable for any delay in the delivery of goods or the carrying out of any work or services pursuant to any contract constituted hereunder and occasioned by an Act of God, war, fire, strike, lock out, industrial dispute, flood, tempest, failure or inability to obtain or provide licences or transport or labour or materials or equipment. In the event of any of the foregoing matters arising the Company shall be entitled to suspend for such period as it may think fit such delivery of the carrying out such work for the provision of such services or at its option terminate any such contract as aforesaid and shall not be liable in any way or manner whatsoever by reason of any such suspension or termination as aforesaid.
9. Customer shall be deemed to have accepted materials as complying with specifications upon discharge of quarry products at site or collection of quarry products at the Company’s works thereafter will not be entitled to reject material or claim for alleged defects.
10. All prices quoted are net per tonne, based on the acceptance of weights from the consigning quarry or depot and are based on:
- Conditions as at date of tender
- Current Award Wages
- Current Road, Rail and Shipping Rates
Any variation in the above to be to your account and adjusted as follow:
- Any increase or decrease in Basic Wage and/or Economic Loading and/or Total Wage and/or Minimum Wage and/or Quarries & (State) Award, Margins and Conditions at the rate of 1 cent per tonne for each cumulative 20 cents weekly.
- Any actual increases or decreases in Road, Rail or Shipping Rates or equivalent surcharge on overall tonnages.
- All prices are based on minimum deliveries of twelve (12) tonnes unless otherwise noted in additional special conditions.
STANDARD CONDITIONS OF SALE AND DELIVERY – GENERAL
11. Notwithstanding anything else in these Terms and Conditions, if the Company has any liability to pay the Goods and Services Tax (“GST”) on any goods and/or services supplied herein to the purchaser, the purchaser shall pay to the Company the amount of such GST at the same time as amounts otherwise payable to the Company.
12. The liability to the Company for breach of any condition or warranty express or implied in any contract shall not exceed in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods of the payment of the cost of having the goods repaired; and in the case of services, the supplying of the services again or the payment of the cost of having services supplied again.